What Happens the Alleged Victim of Domestic Violence Doesn’t Show Up for Court in Washington State?
According to the Washington State Department of Health, 1 out of every 8 adults in the state has reported being injured by an intimate partner. For statistical purposes, these reports would cause them to be classified as victims of domestic violence.
However, at Burke Brown Attorneys, PLLC, we know from experience that many reported incidents of domestic violence are mischaracterized. Sometimes, incidents are exaggerated. Other times, the person who initiated the conflict reports that they are the victim when in fact they are the aggressor. After more than 30 years of defending Seattle-area residents accused of domestic violence crimes, we know that when you can persuade the judge to hear both sides of the story, the truth that finally emerges is often far different than the story put forth initially.
So, what happens when the person who has been reported as the victim in a domestic violence case doesn’t appear in court to assert their version of events? What if they don’t show up at all? While we know that those accused of committing acts of domestic violence often feel relieved when this happens, they need to be on guard because even without the testimony of the victim, the person accused can still be found guilty of a crime or face other negative consequences such as the loss of custody or access to the family home.
Why Someone Who Complains of Domestic Violence Might Fail to Appear
A person reported to be the victim of domestic violence may choose not to testify or not to appear in court for a wide variety of reasons. They may lack faith in the system and fear that no one will believe them. They may believe that testifying will put them at risk physically or financially. Or they could be afraid they might be subject to charges for filing a false report.
Some victims face language and cultural barriers that make them reluctant to appear in court, or they may not even understand that they are being asked to testify. If their immigration status is precarious, such as if they lack documentation or their visa has expired, they may be afraid to do anything that will bring them to the attention of the government.
Sometimes victims decide that they don’t want to “press charges.” However, it is crucial for everyone involved to understand that the prosecutor is the one to decide whether or not to press charges, and a domestic violence case can continue and could result in a conviction even if the victim does not participate.
Legal Consequences When the Alleged Victim Does Not Appear
Depending on the situation, the alleged victim’s failure to appear in court could potentially make it much more difficult for prosecutors to make a solid case, so they may take steps to compel an appearance.
Subpoena and Contempt of Court
Courts will often issue a subpoena to an individual that they want to testify. A subpoena is a document that orders the person to appear and if they do not, they can be penalized. Failure to appear can be treated as contempt of court, resulting in a fine or even imprisonment. If the victim presents the court with a good reason for failing to appear, however, the judge could excuse the violation.
Material Witness Warrant
In some cases, the government has the option of issuing a material witness warrant against the victim if the victim has refused to obey a subpoena or it is impractical to secure the victim’s presence through the use of a subpoena. This type of warrant results in the arrest of the victim, and so the court must hold a hearing the next business day to determine whether detention of the victim as a witness is appropriate and necessary.
Impact on Credibility
When the victim fails to appear, not only does the prosecution lose a valuable witness to the events, but the credibility of all the allegations is called into question. Moreover, anything the victim says in the future can also be looked at with suspicion.
Impact on the Case
The circumstances of the case determine the impact that will result from the victim’s refusal to testify in court.
Case Dismissal
If the prosecution’s case is built primarily around what the victim reported, the prosecutor could agree to drop the charges or the court could dismiss the case. The prosecutor may agree to allow the case to be dismissed without prejudice, which might allow charges to be brought again if the victim later has a change of heart about testifying.
However, it is a mistake to assume that a domestic violence case will be automatically dismissed just because the victim tells you they won’t go to court. You still need a vigorous defense strategy because the prosecutor will often have enough other evidence to prove the case against you or they may use other legal tools to force the alleged victim to come to court.
Continued Prosecution
The alleged victim’s testimony is not the only or even the most reliable evidence prosecutors rely on domestic violence cases. Police reports carry a great deal of weight, as do statements from witnesses who saw or heard what happened. If the alleged victim has medical evidence of injuries, that evidence speaks for itself. However, the prosecutor may be more likely to accept a plea bargain if the person complaining of domestic violence doesn’t show up for court, so we will often take the opportunity to present an option that protects our client from serious negative consequences while giving the prosecution a way to save face.
Delays and Postponements
If the person alleging domestic violence is expected to appear in court and fails to show up, that could potentially cause delays in the case.
Burke Brown Attorneys, PLLC Provides Strategic Defense in Domestic Violence Cases
When you’ve been accused of a domestic violence offense, the allegations tag you with a label that can be hard to remove. It is important to take a strategic approach to minimize negative consequences even if criminal charges have not yet been filed. Domestic violence issues can interfere with work, prevent you from obtaining custody of your children, and force you to leave the family home.At Burke Brown Attorneys, PLCC, we know that the system can operate unfairly against those accused of domestic violence, and that’s why we work so hard to level the playing field and protect the rights of those facing domestic violence allegations. If you have concerns about protecting yourself in and out of court, schedule a confidential consultation now by calling 206-933-2414, emailing us at office@burkebrown.com, or contacting us through our website.
